DAIRY REGULATIONS

Wanganui Chronicle, Volume 79, Issue 204, 31 August 1935, Page 11

DAIRY REGULATIONS

MAGISTRATE’S DIFFICULTY RESERVED DECISION ( Per Preas Association. >* PALMERSTON N.. Aug. 30. Following nearly a year’s delay in waiting for suggested amendments to the dairy factory managers’ , regulations, which did not materialise, Mr. J. L. Stout, S.M., has allowed an ap peal lodged in September las: by D A Fitzgerald, of Shannon, under the regulations against the decision ot the Dairy Factory Managers’ Board in declining his application for a certificate as a creamery manager. Appellant’s registration has now been ordered. The magistrate, in giving his .judgment, said that in justice to appellant, this stalemate must be end id and the decision given. When the appoai was first heard last September the magistrate pointed out that the r-j.;iiiations were not in accordance with the Act. If the regulations were intended to allow the Registration Board to prescribe the qualifications needed, then they were ultra vires. He held that the regulations were defective in H at they did not, as required by the. Act. prescribe the qualifications of persons competent to be employed as managers of dairy factories. The result was that neither the Registration Board nor the Court was in a position to form an opinion as to the right of an applicant to be registered. The magistrate sent the application to the board for reconsideration, expressing the opinion that the case had not been properly dealt with by the board, in that, if it was doubtful concerning the application, it should, before refusing registration, have given the applicant an opportunity of being heard and not merely act on hear say evidence. To-day the magistrate said that applicant’s experience, as set oul, entitled him to registration in the absence of any standard of competence required by the regulations.